Every state

Family law attorneys near you

Divorce, custody, child support, and protection from an abusive partner.

Deadline, in general

Commonly 20 to 30 days to respond after being served; many states also impose a waiting period before a divorce can be final.

Every state offers no-fault divorce, so neither side has to prove wrongdoing, and many impose a waiting period before a divorce can be final. How property is divided splits the country: a minority of states are community property states, where what was acquired during the marriage is generally divided equally, and the rest divide it equitably, which means fairly rather than fifty-fifty.

Custody is decided on the best interests of the child everywhere. Child support is set by a state guideline formula that both sides can calculate. Most state court systems also run a free self-help centre or child support facilitator, which is worth using whether or not you hire anyone.

Tell us what happened

A few questions about your situation. It is free, and there is no obligation of any kind.

What do you need help with

1 of 3

Choose everything that applies. People often have more than one problem at once, and they are frequently connected.

Free. No cost to you at any point.

This may be your situation if

—You are separating and there are children, a home, or debts to divide.
—The other parent will not follow the parenting arrangement.
—Support was set when circumstances were different.
—You need protection from an abusive partner.
—You have been served with papers and do not know the deadline to respond.

What an attorney generally does here

—File and respond within the deadlines so nothing is decided by default.
—Identify and value community property, including retirement accounts.
—Run the support calculation properly and challenge understated income.
—Negotiate a parenting plan and take it to court where agreement fails.
—Obtain a restraining order urgently where there is danger.

The deadline

Commonly 20 to 30 days to respond after being served; many states also impose a waiting period before a divorce can be final. Set by Your state’s family code and rules of court.

Missing the response window can let the other side proceed by default on property and custody. A restraining order is an emergency process with its own much shorter timeline.

Worth gathering first

—Any papers you have been served with, including the date served.
—Income for both sides: pay stubs, tax returns.
—A list of property, accounts, retirement plans and debts.
—Existing court orders or agreements.
—For safety matters, a dated record of incidents.

If you work in care

Shift work makes custody harder to arrange and easier to lose. Bring your actual roster: a parenting plan built around real shifts holds up, and one built around a schedule you cannot work does not.

Common questions

How long does a divorce take?

There is a six-month minimum from the date the respondent is served before a divorce can be finalised. Contested property or custody issues extend it well beyond that.

How is child support calculated?

Every state uses a guideline formula driven mainly by each parent’s income and the time each spends with the child. Courts follow it closely, and the formula itself differs by state.

Is there free help?

Most state court systems have a self-help centre or a child support facilitator providing free help with forms and calculations. This exists whether or not you hire an attorney.

Is my state a community property state?

Only in a minority of states. In those, property and debt acquired during the marriage are treated as community property to be divided equally, with exceptions for gifts and inheritances. Everywhere else the division is equitable, which means fair in the circumstances rather than automatically half.

Wills and estates

A will, a living trust, power of attorney, or handling an estate after a death.

Immigration

Work permits, family petitions, green cards, citizenship, removal defence.

Housing and eviction

An eviction notice, an illegal lockout, or a home the landlord will not repair.

This page is general information about how this kind of matter works in the United States, and the rules that matter most here are set state by state — the deadline where you live may be shorter than the general figure given above. It is not legal advice, it is not a substitute for advice about your own situation, and reading it or sending the form does not create an attorney-client relationship. Unified Savers is not a law firm and not a lawyer referral service. Deadlines stated are general rules and exceptions frequently make them shorter. See the disclaimer and privacy policy.